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(영문) 대구지방법원 영덕지원 2013.07.19 2013고정33
실화
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 29, 2013, at around 22:35, the Defendant got out tobacco while repairing a radio model aircraft in the way that he/she lives in a house owned by the victim C located in Chungcheongnam-gun, Chungcheongnam-do.

At the same time, inasmuch as the gasoline in excess of the gasoline to be supplied as a radio model aircraft remains on the floor and there is a risk of transferring a cigarette to gasoline, the Defendant was not obliged to smoke in such a way, and even if smoking, there was a duty of care to completely remove gasoline, which is a volatile substance in the root, or to check whether a cigarette holder does not fall into the root.

Nevertheless, while neglecting this, the Defendant, while driving tobacco, moved tobacco to gasoline in a nearby place by negligence, destroyed one bond of the victim's house by putting the room used by the Defendant as well as the room used by the victim's mother D as well as the kitchen, living room, and toilet.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police on D;

1. Application of the respective Acts and subordinate statutes to the practical survey report, investigation report (field identification), investigation report (Attachment to fire site survey report), investigation report (Attachment to fire site survey report), investigation report (Attachment to E and telephone conversations), or video recording;

1. Articles 170 (1) and 164 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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